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Mediation
Centers: Training, Policy and Other Materials
This
collection of essays includes a complete training program, policies,
proceedures and forms, the initial considerations for a Private
Alternative Dispute Resolution Center (e.g. Moscow, Lima or other
locations), and materials for hosting facilitation initiatives at a
PADR center.
A Training Program
- Introductory Readings and Materials
- The Training Program
- Initial Training Sequence
- Internship Issues and Concepts
- Further Role Play Exercises
- Intermediate Topics
- Advanced Topics
Policies, Procedures and Forms.
- Sample Contract Provision
requiring mediation before litigation. This is the typical form
used in Texas real estate contracts.
- Motion to Refer to
Mediation, Order and Attachments This is a "standard order" with
some weaknesses and some strengths.
- Cover Letter for
Scheduled Mediation (sample form).
- Checklist: Personality Factored
Conflicts. (When mediating or facilitating an institutional
conflict -- such as a college departmental conflict).
- Outline Checklist (the
type used for a personal injury or similar mediation). Details on using
this Checklist are found in Mediation
Essays One
- Typical Referring Court Order.
- Procedures and Policies Form
- Short Mediation Script
- This is a short introductory script a mediator might
use. While there is a debate, between long introductions and
short ones, this is an easy short one provided as an example -- it has
no pretensions of ending the debate or of being useful for every
situation.
- For comparison, this is a long script. Again, it does not
end the debate -- it is just provided as an example.
- As a side note, the short script seems
to work best with experienced parties, the long script with
relatively "new to the process" parties. Both presume a signed
contract and/or an order referring the case to mediation.
ADR Centers --
Initial Considerations for a Private Center
- There are several kinds of Alternative Dispute Resolution
Centers. This essay discusses setting up a non-governmental,
non-educational center.
- Advisory Councils.
A good advisory council can make or break a PADR Center. This essay
explores the issues involved in such a center.
- Business, Physical and
Financial Plans. Physical Plant, grant writing, etc. It is
possible to set up a PADR that is self-funded, but a business plan is
essential. This discusses some elements and formats.
A Simple Explanation of Mediation
Hosting Facilitation at a PADR (Private Alternative
Dispute Resolution Center)
- What, How, and Why Facilitate?
- Facilitation is the process by which parties are
prepared for negotiation or mediation. While mediated settlements
of problems can be very successful, in larger or chronic conflicts the
parties often need facilitation before they are ready to negotiate or
otherwise interact in a mediated environment. In the process of
developing a larger theory of negotiation, the process of facilitation
was born. Facilitation may take many forms, from
institutionalizing committees to track two analytical initiatives.
- Surrogate
Negotiations
- This is the process of using surrogates to negotiate a
surrogate settlement which is reduced to a draft. The draft
is then circulated as single negotiated text between the actual parties
and forms the basis for the beginning of negotiations (with the stated
assumption that the "one text" will not be acceptable to either side
and that changes will need to be made).
- Compare with the "secret diplomacy" of the Oslo Facilitation Initiative.
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Concurrent Committees
- This is the process of setting up intra-group feed
back and correlation committees that meet concurrently with continuing
negotiations in order to bring the organization along with the
negotiation (and the negotiator along with the organization) --
recognizing that neither positions or groups remain static within the
organization while it negotiates with those without.
- Problem
Solving Workshops
- The scholastic method favored by many conflict
resolution centers.
- There are a number of approaches to these workshops,
and most alternatives are within the scope of a PADR Center.
- Peer
Training
- Training peer-to-peer mediators on both sides of a
conflict often will begin to generate the necessary understandings and
skills base to allow negotiations to go forward. Peer training is
an extremely important method of FI that is extremely suited to a PADR
Center's size, scope and focus.
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Other Facilitation Initiatives
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